DUNLAP v. HOBBS, 5:10CV00136 JMM/JTR. (2012)
Court: District Court, E.D. Arkansas
Number: infdco20120418f03
Visitors: 13
Filed: Apr. 18, 2012
Latest Update: Apr. 18, 2012
Summary: ORDER JAMES M. MOODY, District Judge. Pending is Petitioner's motion to compel, docket #44, requesting the Court compel the production of a transcript of the closing arguments from his trial. The Court has previously denied Petitioner's request for these documents, docket # 30. As the Court explained in the Order dated February 21, 2012, Petitioner's motion seeks to expand the factual basis for his habeas claim beyond what was developed in the state court proceeding. Petitioner seeks the trans
Summary: ORDER JAMES M. MOODY, District Judge. Pending is Petitioner's motion to compel, docket #44, requesting the Court compel the production of a transcript of the closing arguments from his trial. The Court has previously denied Petitioner's request for these documents, docket # 30. As the Court explained in the Order dated February 21, 2012, Petitioner's motion seeks to expand the factual basis for his habeas claim beyond what was developed in the state court proceeding. Petitioner seeks the transc..
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ORDER
JAMES M. MOODY, District Judge.
Pending is Petitioner's motion to compel, docket #44, requesting the Court compel the production of a transcript of the closing arguments from his trial. The Court has previously denied Petitioner's request for these documents, docket # 30. As the Court explained in the Order dated February 21, 2012, Petitioner's motion seeks to expand the factual basis for his habeas claim beyond what was developed in the state court proceeding. Petitioner seeks the transcript to support his claim that his trial lawyer was constitutionally ineffective in failing to object to improper remarks made by the prosecutor in closing argument. The Proposed Findings and Recommended Disposition currently before the Court recommends that the Court find that Petitioner procedurally defaulted this claim. Accordingly, Petitioner's request for a copy of the transcript of the closing arguments will be denied.
IT IS SO ORDERED.
Source: Leagle
